When it comes to estate planning, many people opt to have their assets placed in a trust. Having a trust makes it possible for an estate to avoid probate when a person passes away, and it also has a number of benefits over a traditional last will and testament. However, that doesn't mean that all trusts are perfect — there are situations where things may not be done correctly, which can bring up legal issues. In this type of situation, hiring a trust litigation attorney is the best option. Some of the top reasons why you may need to hire a trust litigation attorney include:
Questions About the Mental State of the Trustor
In order for a trust to be formed, the owner of the trust, called the trustor, must be completely competent. If the trustor has passed away and their family has questions about his or her mental state when the legal documents were signed to form the trust, the services of a trust litigation attorney may be needed. For example, if someone was suffering from dementia or any other type of neurological issue when the trust documents were signed, there is a good reason to look into the matter to determine if the terms of the trust are actually valid.
Shady Dealings by the Executor
The executor of a trust is responsible for managing all of the assets held in the trust, as well as overseeing the distribution of the assets when the trustor passes away. While most trust executors are very trustworthy, there are those who do not do their jobs properly. It is always a good idea to get a trust litigation attorney involved if there is good reason to believe that the executor of a trust is mismanaging funds, not using proper accounting practices, or embezzling from the trust. An attorney can ensure that the executor is replaced, and can pursue other legal avenues if needed.
Someone Is Contesting the Trust
When it comes to inheritances and the distribution of the assets of a trust after the trustor passes away, family arguments can happen. If an heir is upset about something pertaining to the trust or how assets were distributed, he or she can contest the trust. This type of situation can get messy quickly, and in some cases, the issue may have to be decided in court. If you are an heir to a trust and another heir is contesting, it is in your best interest to hire a trust litigation attorney to represent you so you receive the inheritance you are entitled to.
To learn more, contact a trust litigation attorney.Share